New York’s drinking and driving laws strive to protect everyone on the road, from other motorists to pedestrians, safe from unnecessary dangers. Unfortunately, New York police can prove overzealous when it comes time for them to protect residents from dangers on the road. You, in turn, might find yourself facing unwarranted driving while influenced charges.
You don’t have to roll over and accept these charges, though. You can work with a DWI attorney in Rochester, NY, to challenge the accusations brought against you. DWI Tom has over two decades of experience working within New York’s criminal court system. You can bring your concerns to our team and trust us to defend your best interests moving forward.
Pulling You Over With Reasonable Suspicion
New York police officers must present evidence of reasonable suspicion when they pull you over and charge you with driving under the influence. Prosecutors must further uphold a burden of proof if they want to successfully charge you with a DWI.
Police officers who can’t adequately defend their decision to pull you over or uphold that burden of proof cannot continue to pursue a case against you. You, in turn, have the right to challenge a police officer’s burden of proof or argue that said officer didn’t have a good reason to pull you over when they did. If your argument sticks, a court may drop the case against you.
What to Do If a Police Officer Pulls You Over
While you can argue that an officer doesn’t have the right to pull you over, the last thing you want to do is exacerbate the charges an officer feels they have the right to bring against you. If you do get pulled over, stay in your car. Follow an officer’s instructions, but know your rights, too.
You do not have to allow a police officer to search your car. You do not have to consent to a sobriety test, though you may face legal consequences if you don’t. If you do get arrested, a police officer must read you your Miranda rights, or else the arrest may be invalid in the eyes of New York courts.
When to Call a Rochester, NY, DWI Lawyer
Rochester DWI lawyers can take your case within hours of your arrest. You can use the phone calls you’re entitled to while in police custody to contact our team. We can, in turn, join you in jail to discuss bail and the defenses applicable to your case.
Let’s Break Down Your DWI Charges
No two DWI charges look alike. The consequences for an unchallenged DWI charge in New York vary depending on the conditions under which you were arrested and your existing criminal history, if applicable.
The fines, incarceration, and related consequences you face for allegedly driving under the influence grow more severe the more dangerous a police officer claims your behavior was. For example, a first-time DWI charge may see you face up to a year in jail on top of fines between $500 and $1,000.
If you have other charges on your criminal record, you may also face a license suspension, revocation, or the installation of an ignition lock on your car.
Police Officers Can Overstate Your DWI Charges
Police officers can often misrepresent the nature of your arrest when attempting to charge you with a DWI. Some may claim that you tried to resist arrest if you were slow to respond to their demands. Others may claim assault if they somehow felt threatened by you. If there’s something wrong with your car, you may even face accusations of additional traffic violations.
All of these accusations can compound the already-severe consequences of a DWI charge. As such, it’s important to cooperate with police officers as best you can during a traffic stop. It’s equally important to contact a Rochester DWI lawyer as soon as you can after you’ve been charged with a DWI.
Our attorneys ensure that police officers represent your arrest as accurately as possible. We can help you better understand why an officer may have compounded the charges brought against you and brainstorm the best defenses against those additional accusations.
How to Build a Defense Against DWI Charges
When it comes time to defend yourself against DWI charges, you can discuss which defenses best suit your circumstances. For example, if you think that an officer pulled you over for biased reasons or that an officer didn’t otherwise have a reason to pull you over, you can argue against that officer’s probable cause. Disproving probable cause can see a court drop your case.
You can also argue that an officer’s sobriety tests didn’t fairly assess your state or otherwise proved ineffective when used. It can be difficult to challenge the efficiency of the average sobriety test, but our attorneys can look to product precedent to build the foundation of your case.
No matter what counterargument you use to address the charges brought against you, you need to have evidence on hand to help prove your point. Our lawyers can investigate the circumstances that led to your charges and bring forward the data that can help challenge the prosecution’s burden of proof.
DWI Tom Knows How to Protect Your Future
If you’re facing a DWI charge, you want someone who knows the ins and outs of New York’s criminal courts on your side. Tom Anelli has served New York state as a DWI defense attorney for over two decades. The team with DWI Tom understands that the circumstances that led to your arrest may not always be as clear cut as the prosecutor wants them to be.
DWI Tom’s DWI attorneys in Rochester can meet you where you are to discuss your best defense against unfounded DWI charges. You can schedule a case consultation with our lawyers today, and together we can fight back against a system that wants to steal your future from you. Contact us online or by calling our office 24/7.